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The editors' substantive introduction and the specially
commissioned chapters in this Handbook explore the emergence of
transnational labour law and its contested contours by juxtaposing
the expansion of traditional legal methods with the proliferation
of contemporary alternatives such as indicators, framework
agreements and consumer-led initiatives. Key international (ILO,
IMF, OECD) and regional (EU, IACHR, SADC) institutions are studied
for their coverage of such classic topics as freedom of
association, equality, and sectoral labour standard-setting, as
well as for the space they provide for dialogue. The volume
underscores transnational labour law's capacity to build hard and
soft law bridges to migration, climate change and development. The
volume roots transnational labour law in a counter-hegemonic
struggle for social justice. Bringing together the scholarship of
41 experts from around the globe, this book encompasses and goes
beyond the role of international and regional organizations in
relation to labour standards and their enforcement, providing new
insights into debates around freedom of association, equality and
the elimination of forced labour and child labour. By including the
influence of consumers in supply chains alongside the more
traditional actors in this field such as trade unions, it combines
a range of perspectives both theoretical and contextual. Several
chapters interrogate whether transnational labour law can challenge
domestic labour law's traditional exclusions through expansive
approaches to equality. The volume moves beyond WTO linkage debates
of the past to consider emerging developments toward social
regionalism. Several chapters explore and challenge public and
private international aspects of transnational labour law,
revealing some fragmentation alongside dynamic experimentation and
normative settling. The book argues that 'social justice' is at
least as important to the project of transnational labour law today
as it was to the establishment of international labour law.
Academics, students and practitioners in the fields of labour law,
international law, human rights, political science, transnational
studies, and corporate social responsibility, will benefit from
this critical resource, given the book s eye-opening examination of
labour governance in the contemporary economy. Contributors: Z.
Adams, P.C. Albertson, J. Allain, R.-M.B. Antoine, A. Asante, P.H.
Bamu, M. Barenberg, J.R. Bellace, G. Bensusan, A. Blackett, L.
Boisson de Chazournes, S. Charnovitz, B. Chigara, K. Claussen, L.
Compa, S. Cooney, S. Deakin, J.M. Diller, D.J. Doorey, R.-C.
Drouin, P.M. Dumas, F.C. Ebert, C. Estlund, A. van Hoek, J. Hunt,
K. Kolben, C. La Hovary, B. Langille, J. Lopez Lopez, I. Martin, F.
Maupain, F. Milman-Sivan, R.S. Mudarikwa, A. Nononsi, T. Novitz, C.
Sheppard, A.A. Smith, A. Suktahnkar, J.-M.Thouvenin, A. Trebilcock,
R.Zimmer
Regional trade agreements have expanded exponentially over the past
decade, and have become a significant, if controversial, factor in
the expanse of economic globalization. Social Regionalism in the
Global Economy attempts to take a fresh, interdisciplinary approach
to addressing labour regulation by drawing upon insights from
industrial relations, comparative capitalism, and new governance
schools of thought. It stands for the proposition that an
interdisciplinary study of regional regulation holds the potential
to offer a fuller account of social regionalism. Its focus is to
consider how institutions and labour market actors reconstruct and
renegotiate regulatory space in a changing economic environment
characterized by regional impulses. It argues that there is a
dynamic interplay between institutions and actors of social
regulation. This interplay occurs at many levels. The book
therefore maps both how actors shape institutions as well as how
institutions shape social actors' ability to affect regulatory
processes. The editors bring together leading international
specialists willing to move beyond textual analyses of regional
agreements to offer alternative accounts of regional integration.
The work emphasizes that institutional context and social actors at
multiple governance levels are integral to the progressive
construction and regulation of regional space. It further
contributes to the literature by combining insights from overlooked
regional entities in transition and developing countries with
original analyses from the European Union and the NAFTA. These aims
will be achieved by combining original research that is empirically
grounded with theoretically informed analysis.
Regional trade agreements have expanded exponentially over the past
decade, and have become a significant, if controversial, factor in
the expanse of economic globalization. Social Regionalism in the
Global Economy attempts to take a fresh, interdisciplinary approach
to addressing labour regulation by drawing upon insights from
industrial relations, comparative capitalism, and new governance
schools of thought. It stands for the proposition that an
interdisciplinary study of regional regulation holds the potential
to offer a fuller account of social regionalism. Its focus is to
consider how institutions and labour market actors reconstruct and
renegotiate regulatory space in a changing economic environment
characterized by regional impulses. It argues that there is a
dynamic interplay between institutions and actors of social
regulation. This interplay occurs at many levels. The book
therefore maps both how actors shape institutions as well as how
institutions shape social actors' ability to affect regulatory
processes. The editors bring together leading international
specialists willing to move beyond textual analyses of regional
agreements to offer alternative accounts of regional integration.
The work emphasizes that institutional context and social actors at
multiple governance levels are integral to the progressive
construction and regulation of regional space. It further
contributes to the literature by combining insights from overlooked
regional entities in transition and developing countries with
original analyses from the European Union and the NAFTA. These aims
will be achieved by combining original research that is empirically
grounded with theoretically informed analysis.
This book addresses emerging questions concerning who should bear
responsibility for shouldering risk, as well as the viability of
existing and experimental governance mechanisms in connection with
new technologies. Scholars from 14 jurisdictions unite their
efforts in this edited collection to provide a comparative analysis
of how various legal systems are tackling the challenges produced
by the legal aspects of genetic testing in insurance and
employment. They cover the diverse set of norms that surround this
issue, and share insights into relevant international, regional and
national incursions into the field. By doing so, the authors offer
a basis for comparative reflection, including on whether
transnational standard setting might be useful or necessary for the
legal aspects of genetic testing as they relate to the insurance
and employment contexts. The respective texts cover a broad range
of topics, including the prevalence of genetic testing in the
contexts of insurance and employment, and policy factors that might
affect this prevalence, such as the design of national health or
social insurance systems, of private insurance schemes or the
availability of low-cost direct-to-consumer genetic testing.
Further, the field of genetics is gaining in importance at the
international and regional levels. Relevant concepts - mainly
genetic tests and genetic data/information - have been
internationally defined, and these definitions have influenced
definitions adopted nationally. International law also recognizes a
"special status" for human genetic data. The authors therefore also
consider these definitions and the recognition of the special
status of human genetic data within regional and national legal
orders. They investigate the range of norms that specifically
address the use of genetic testing in employment and insurance,
encompassing international sources - including human rights norms -
that may be binding or non-binding, as well national statutory,
regulatory and soft-law mechanisms. Accordingly, some of the texts
examine general frameworks relevant to genetic testing in each
country, including those that stem from general anti-discrimination
rules and norms protecting rights to autonomy, self-determination,
confidentiality and privacy. In closing, the authors provide an
overview of the efficiency of their respective legal regimes'
approaches - specific and generalist - to genetic testing or
disclosure of genetic information in the employment or insurance
contexts, including the effect of lack of legal guidance. In this
regard, some of the authors highlight the need for transnational
action in the field and make recommendation for future legal
developments.
The editors' substantive introduction and the specially
commissioned chapters in this Handbook explore the emergence of
transnational labour law and its contested contours by juxtaposing
the expansion of traditional legal methods with the proliferation
of contemporary alternatives such as indicators, framework
agreements and consumer-led initiatives. Key international (ILO,
IMF, OECD) and regional (EU, IACHR, SADC) institutions are studied
for their coverage of such classic topics as freedom of
association, equality, and sectoral labour standard-setting, as
well as for the space they provide for dialogue. The volume
underscores transnational labour law's capacity to build hard and
soft law bridges to migration, climate change and development. The
volume roots transnational labour law in a counter-hegemonic
struggle for social justice. Bringing together the scholarship of
41 experts from around the globe, this book encompasses and goes
beyond the role of international and regional organizations in
relation to labour standards and their enforcement, providing new
insights into debates around freedom of association, equality and
the elimination of forced labour and child labour. By including the
influence of consumers in supply chains alongside the more
traditional actors in this field such as trade unions, it combines
a range of perspectives both theoretical and contextual. Several
chapters interrogate whether transnational labour law can challenge
domestic labour law's traditional exclusions through expansive
approaches to equality. The volume moves beyond WTO linkage debates
of the past to consider emerging developments toward social
regionalism. Several chapters explore and challenge public and
private international aspects of transnational labour law,
revealing some fragmentation alongside dynamic experimentation and
normative settling. The book argues that 'social justice' is at
least as important to the project of transnational labour law today
as it was to the establishment of international labour law.
Academics, students and practitioners in the fields of labour law,
international law, human rights, political science, transnational
studies, and corporate social responsibility, will benefit from
this critical resource, given the book s eye-opening examination of
labour governance in the contemporary economy. Contributors: Z.
Adams, P.C. Albertson, J. Allain, R.-M.B. Antoine, A. Asante, P.H.
Bamu, M. Barenberg, J.R. Bellace, G. Bensusan, A. Blackett, L.
Boisson de Chazournes, S. Charnovitz, B. Chigara, K. Claussen, L.
Compa, S. Cooney, S. Deakin, J.M. Diller, D.J. Doorey, R.-C.
Drouin, P.M. Dumas, F.C. Ebert, C. Estlund, A. van Hoek, J. Hunt,
K. Kolben, C. La Hovary, B. Langille, J. Lopez Lopez, I. Martin, F.
Maupain, F. Milman-Sivan, R.S. Mudarikwa, A. Nononsi, T. Novitz, C.
Sheppard, A.A. Smith, A. Suktahnkar, J.-M.Thouvenin, A. Trebilcock,
R.Zimmer
This book addresses emerging questions concerning who should bear
responsibility for shouldering risk, as well as the viability of
existing and experimental governance mechanisms in connection with
new technologies. Scholars from 14 jurisdictions unite their
efforts in this edited collection to provide a comparative analysis
of how various legal systems are tackling the challenges produced
by the legal aspects of genetic testing in insurance and
employment. They cover the diverse set of norms that surround this
issue, and share insights into relevant international, regional and
national incursions into the field. By doing so, the authors offer
a basis for comparative reflection, including on whether
transnational standard setting might be useful or necessary for the
legal aspects of genetic testing as they relate to the insurance
and employment contexts. The respective texts cover a broad range
of topics, including the prevalence of genetic testing in the
contexts of insurance and employment, and policy factors that might
affect this prevalence, such as the design of national health or
social insurance systems, of private insurance schemes or the
availability of low-cost direct-to-consumer genetic testing.
Further, the field of genetics is gaining in importance at the
international and regional levels. Relevant concepts - mainly
genetic tests and genetic data/information - have been
internationally defined, and these definitions have influenced
definitions adopted nationally. International law also recognizes a
"special status" for human genetic data. The authors therefore also
consider these definitions and the recognition of the special
status of human genetic data within regional and national legal
orders. They investigate the range of norms that specifically
address the use of genetic testing in employment and insurance,
encompassing international sources - including human rights norms -
that may be binding or non-binding, as well national statutory,
regulatory and soft-law mechanisms. Accordingly, some of the texts
examine general frameworks relevant to genetic testing in each
country, including those that stem from general anti-discrimination
rules and norms protecting rights to autonomy, self-determination,
confidentiality and privacy. In closing, the authors provide an
overview of the efficiency of their respective legal regimes'
approaches - specific and generalist - to genetic testing or
disclosure of genetic information in the employment or insurance
contexts, including the effect of lack of legal guidance. In this
regard, some of the authors highlight the need for transnational
action in the field and make recommendation for future legal
developments.
Adelle Blackett tells the story behind the International Labour
Organization's (ILO) Decent Work for Domestic Workers Convention
No. 189, and its accompanying Recommendation No. 201 which in 2011
created the first comprehensive international standards to extend
fundamental protections and rights to the millions of domestic
workers laboring in other peoples' homes throughout the world. As
the principal legal architect, Blackett is able to take us behind
the scenes to show us how Convention No. 189 transgresses the
everyday law of the household workplace to embrace domestic
workers' human rights claim to be both workers like any other, and
workers like no other. In doing so, she discusses the importance of
understanding historical forms of invisibility, recognizes the
influence of the domestic workers themselves, and weaves in
poignant experiences, infusing the discussion of laws and standards
with intimate examples and sophisticated analyses. Looking to the
future, she ponders how international institutions such as the ILO
will address labor market informality alongside national and
regional law reform. Regardless of what comes next, Everyday
Transgressions establishes that domestic workers' victory is a
victory for the ILO and for all those who struggle for an
inclusive, transnational vision of labor law, rooted in social
justice.
Adelle Blackett tells the story behind the International Labour
Organization's (ILO) Decent Work for Domestic Workers Convention
No. 189, and its accompanying Recommendation No. 201 which in 2011
created the first comprehensive international standards to extend
fundamental protections and rights to the millions of domestic
workers laboring in other peoples' homes throughout the world. As
the principal legal architect, Blackett is able to take us behind
the scenes to show us how Convention No. 189 transgresses the
everyday law of the household workplace to embrace domestic
workers' human rights claim to be both workers like any other, and
workers like no other. In doing so, she discusses the importance of
understanding historical forms of invisibility, recognizes the
influence of the domestic workers themselves, and weaves in
poignant experiences, infusing the discussion of laws and standards
with intimate examples and sophisticated analyses. Looking to the
future, she ponders how international institutions such as the ILO
will address labor market informality alongside national and
regional law reform. Regardless of what comes next, Everyday
Transgressions establishes that domestic workers' victory is a
victory for the ILO and for all those who struggle for an
inclusive, transnational vision of labor law, rooted in social
justice.
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